You generally have two years from the date of the accident to file a car accident lawsuit in California.
Two years may seem like plenty of time, but it takes time to build a strong car accident claim. If you were recently injured in a crash, a car accident lawyer from Sweet James can assist with your claim and help you seek damages.
How Long Do I Have to File a Car Accident Lawsuit in California?
You typically have two years from the date of a car accident to file a lawsuit for injuries in California under CCP § 335.1. If you are only suing for property damage, you generally have three years to do so under CCP § 338.
If you fail to file a lawsuit in California Superior Court before the applicable statute of limitations expires, you will lose the right to recover compensation. A car accident attorney from Sweet James can help make sure you file on time.
Are There Exceptions to California’s Car Accident Statute of Limitations?
Yes, there are exceptions to California’s car accident statute of limitations. A different filing deadline may apply to your lawsuit if your case involves:
- Injured minors: If someone under 18 is injured in the accident, the two-year clock is paused (“tolled”) until their 18th birthday, meaning they generally have until they turn 20 to file a personal injury lawsuit.
- Delayed discovery of an injury: Under California’s discovery rule, if an injury is hidden or not immediately apparent (such as certain soft-tissue or internal injuries), the two-year clock does not start until the date you discover the injury (or reasonably should have discovered it).
- A defendant who exits California: If the driver liable for the crash departs the state of California or goes to prison after the accident, the time they are absent or incarcerated may pause or alter the filing deadlines for your case.
- An injured person with a legal disability: The standard two-year statute of limitations for a car accident personal injury lawsuit is tolled (paused) if the victim is dealing with mental incapacitation when the injury occurs.
- Government entities: According to California Government Code § 911.2, if the California Department of Transportation, California Highway Patrol, or another government entity is at fault for your crash, you must file an administrative claim with that government body no later than six months after the crash.
- Fatalities: In the event of a fatal car accident, the two-year statute of limitations for a wrongful death lawsuit generally starts on the date of the victim’s death rather than the date of the crash itself.
A personal injury lawyer from Sweet James can assess your case and explain whether an exception applies.
What Happens If You Miss the Filing Deadline?
If you miss the filing deadline that applies to your claim, you will likely face the following consequences:
- Losing the right to sue: The court will likely dismiss your personal injury or property damage lawsuit because it was filed too late.
- Losing negotiating leverage: The insurance company may refuse to offer compensation since your claim can no longer be enforced through a lawsuit.
- Paying accident-related expenses yourself: You may have to cover medical bills, vehicle repairs, lost income, and other losses out of pocket.
Even if you believe you may have missed your case’s deadline, you should still reach out to Sweet James. Our car accident lawyers can determine whether an exception might apply and explain your remaining options.
How Can You Protect Your Right to Compensation After a California Car Accident?
You can protect your right to compensation after a California car accident by following these steps:
- See a doctor: Get evaluated at Hoag Hospital Newport Beach or another nearby emergency room right away, even if your injuries seem minor. Medical records can help establish the nature and timing of your injuries.
- Preserve accident evidence: Keep photographs, witnesses’ contact information, police reports, medical records, and repair estimates.
- Notify the appropriate insurer: Follow your policy’s reporting requirements and provide accurate information about the collision. Avoid speculating about what happened or discussing fault.
- Track your expenses: Maintain records of your medical bills, prescription costs, lost wages, transportation expenses, and other accident-related losses.
- Be cautious with settlement offers: Don’t agree to a settlement until you talk to a lawyer.
- Get legal advice: A car accident attorney from Sweet James can start building your claim right away and help ensure you file it on time.
California Car Accident Claim Timeline FAQs
Learn more about filing a car accident claim by checking out the answers to these common questions.
Should I call my insurance company immediately after an accident?
Yes, you should call your insurer right after an accident in California. Most auto policies require you to report any accident promptly, and if you wait, it could give your insurer an excuse to delay or deny your claim. When speaking to your insurer, stick to the facts about the accident and avoid admitting fault or downplaying your injuries.
You are generally under no obligation to speak to the other party’s insurance right away. A lawyer from Sweet James can handle communications with them on your behalf.
Does filing an insurance claim extend the statute of limitations?
No, filing an insurance claim does not extend or pause California’s car accident statute of limitations. Settlement negotiations do not stop the clock for your case. If negotiations drag on past the deadline without a signed settlement or a filed lawsuit, you will permanently lose the right to sue.
Insurance companies may try to prolong negotiations until the deadline for your case expires. An attorney from Sweet James can negotiate on your behalf and counter these tactics.
What happens if you don’t report an accident within 24 hours in California?
Failing to report a car accident within 24 hours in California, as required by California Vehicle Code § 20008, can lead to misdemeanor charges, fines of up to $1,000, up to six months in jail, the suspension of your driver’s license, and the denial of your insurance claim.
Talk to a Car Accident Lawyer in California
Time is of the essence in a California car accident case. If you were recently involved in a crash, a car accident attorney from Sweet James can explain how long you have to file a claim and help you pursue compensation.
Schedule a free case review to find out how much time you have left to file a claim.
